Tag Archives: Pacific Asia Museum

Operation Antiquity: Prison for Antiquities Dealer Behind Looting and Tax Fraud Scheme

Federal agents descend upon the Bowers Museum in Santa Ana during a raid in January 2008

Federal agents descend upon the Bowers Museum during an early morning raid in Santa Ana Thursday, Jan. 24, 2008.

UPDATE: My article on the case has been posted at The Art Newspaper here.

UPDATE: The Markells will return 337 antiquities to Thailand as part of their sentencing agreement. Details on the seized objects are linked below.

UPDATE: The Mingei International Museum in San Diego has returned 68 looted Ban Chiang objects to Thailand. See below for details.

Antiquities dealers Jonathan and Cari Markell were sentenced by a federal judge on Monday for their roles in the smuggling and tax fraud scheme that triggered sweeping federal raids on California museums in 2008.

MarkellsHHweb

Jonathan and Cari Markell with the Dalai Lama

On Jan 24th, 2008, some 500 federal agents served warrants on 13 locations that received objects tied to the smuggling network, including the Los Angeles County Museum of Art, Pasadena’s Pacific Asia Museum, the Bowers Museum of Cultural Art in Santa Ana, the Mingei International Museum in San Diego and the home of Barry MacLean, a private collector in Chicago.

The investigation sent shockwaves through the art world, suggesting that even amid an international scandal over the Getty Museum’s role in looting, other local museums had continued to do business with the black market. Some critics later called the raids over-zealous, noting that despite that the massive investigation, the government had failed to win jail time in the long-delayed criminal trials that followed.

That changed on Monday, when Jonathan Markell, 70, was sentenced to 18 months in prison followed by a year of supervised release for making false declarations while importing antiquities from South East Asia. Markell and his wife Cari, 68, were also sentenced to probation for their role in a related tax evasion scheme in which looted antiquities were donated to local museums in exchange for inflated tax write-offs.

The couple was also ordered to pay $25,000 to cover the costs of repatriating hundreds of antiquities seized by federal agents in raids on their Los Angeles home and gallery, Silk Roads Gallery.

Joyce White

Dr. Joyce White

Dr. Joyce White, a University of Pennsylvania expert on Ban Chiang culture who served as an expert for prosecutors on the case, said in a declaration that the 10,000 looted artifacts seized during the federal investigation represented as much as 175 times more material than what was recovered during scientific excavations of the site in the 1970s. The Markells were among the “key players” who developed a U.S. market for artifacts from the site, a demand that fueled rampant looting there.

In a Dec. 8 letter to federal judge Dean Pregerson, Jonathan Markell expressed remorse for his actions and pled for leniency in his wife’s sentencing. “My remorse over my dishonest actions will continue for the rest of my life, as my actions have put my family in jeopardy emotionally, socially, psychologically and financially for the past eight years,” wrote Markell, who graduated with an art history degree from UC Berkeley and got an MBA from Columbia University in arts administration. “I also owe an apology to the people whose heritage is the Ban Chiang civilization,” the world heritage site in Thailand where much of the material he sold was looted.

Operation Antiquity, the federal investigation of the Markells smuggling network, was one of the most aggressive government efforts to disrupt the illicit antiquities trade in history. For five years, Todd Swain, a federal agent with the National Park Service, operated undercover as an art collector to gather evidence against the Markells and their principal supplier, alleged smuggler Robert Olson. After several delays, Olson’s criminal trial is now scheduled for May 2016.

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Roxanna Brown

Roxanna Brown, a respected American expert in Southeast Asian ceramics, was caught up in the investigation and died in federal custody in 2008 after suffering a medical emergency after her arrest in Seattle. Court records show Brown provide falsified appraisals for the Markells and worked closely with Olsen to bring looted material into the United States. The federal government eventually settled a lawsuit brought by her family for $880,000.

In 2014, the Bowers Museum of Art agreed to return 542 ancient vases, bowls and other artifacts to Thailand. Other museums have waited for the outcome of the Markell’s criminal case before deciding what to do with objects from the couple and its network of donors.

UPDATE: The Mingei International Museum in San Diego has returned 68 looted Ban Chiang objects to Thailand, according to a federal law enforcement official. The objects were among those targeted during federal raids on the museum in 2008. A museum spokeswoman declined to comment on the returns.

UPDATE: Jerry Coughlan, an attorney who represents the Mingei, confirmed the returns on Thursday, saying all 68 objects had been donated by the Markells. After the museum raids in 2008, the Mingei had offered to return the objects to Thailand and held them in storage while awaiting instructions from federal officials.

“Essentially, the government called and said it would not press charges against the Mingei but asked us to return items to Thailand,” Coughran said. “They were shipped in the last day or two and should be arriving soon.”

It is exceedingly rare for antiquities investigations to end in criminal convictions, and federal prosecutors hope the Markell convictions will act as a deterrent to the market.

“By holding US-based antiquities marketers fully accountable for their role in promoting the antiquities market and thereby stimulating the global destruction of irreplaceable heritage resources, this court has a special opportunity to dampen the trade and encourage others conducting similar enterprises to change their behavior and choices,” White testified.

Here are links to recent court records from the Markell case:

Here is a list of objects seized from the Markell’s home and gallery:

Markell seizures

Here is my past coverage of the Operation Antiquity case:

Here is Joyce White’s presentation on the case, “Hot Pots, Museum Raids and the Race to Uncover Asia’s Archaeological Past.”

 

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Five Years After California Museum Raids, More Anger Than Indictments

Federal agents descend upon the Bowers Museum in Santa Ana during a raid in January 2008In Sunday’s Los Angeles Times, Jason has an update on the 2008 federal raids of Southern California museums:

When hundreds of federal agents raided four Southern California museums early one January morning in 2008, it set the art world ablaze, suggesting that even amid an international looting scandal museums had continued to do business with the black market in stolen antiquities.

LACMA's Michael Govan asks federal agents permission to enter the museum on the morning of the January 2008 raids.

LACMA’s Michael Govan asks federal agents permission to enter the museum on the morning of the January 2008 raids.

Acting on evidence gathered during a five-year undercover probe, investigators seized more than 10,000 artifacts at the museums and more than a half-dozen other locations in California and Illinois. The objects had allegedly been illegally excavated from sites across South East Asia, smuggled into Los Angeles and donated to the Bowers Museum in Santa Ana, the Pacific Asia Museum in Pasadena, the Mingei Museum in San Diego and the Los Angeles County Museum of Art, according to search warrant affidavits.

But in the years since the high-profile raids, no museum officials or collectors have been indicted, and none of the seized objects have been returned to the countries from which they were allegedly stolen.

Days before the statute of limitations on criminal charges were about to expire in January, a federal grand jury indicted two men in the case. Robert Olson, an 84-year old Van Nuys man, and Marc Pettibone, a 62-year-old American living in Thailand, are both accused of one count of conspiracy and one of trafficking in stolen goods. Two peripheral players in the alleged scheme pleaded guilty to similar charges last year.

2008-may-9-last-photoSeveral people targeted by prosecutors — including Bowers curator Armand Labbe and antiquities dealer Joel Malter — died during the 11-year investigation. A third target, UCLA trained pottery expert Roxanna Brown, was indicted in 2008 and died from health complications while in federal custody, leading the federal government to settle a lawsuit brought by her family for $880,000.

“I’m baffled,” said Stephen Urice, a professor at the University of Miami law school who has written critically of the raids. “Given the amount of illicit antiquities moving through the U.S. borders, these guys are really hacks. Surely there must be more significant people out there.”

In recent interviews, several people with direct knowledge of the investigation expressed anger and frustration, saying the case had languished in the U.S. Attorney’s office. They described Assistant U.S. Attorney Joseph Johns, who has directed the case since its inception, as overzealous, eager to send federal agents into museums to gather evidence but too distracted or overwhelmed with other cases to bring timely criminal charges.

As a result, they say, the case has wasted millions of dollars and inadvertently encouraged the very black market it targeted by suggesting the government is weak on enforcement. The sources spoke on the condition of anonymity because they were not authorized to comment and feared imperiling the criminal case against Olson and Pettibone, which is set to go to trial in June.

You can read the full story here. You can find the previous LA Times coverage of the case here:

Raid story: Raids suggest a deeper network of looted art

Chicago raid on Barry MacLean: Probe of Stolen Art Goes National

Robert Olson profile: “Intrigue but no glamour for smuggling case figure”

Roxanna Brown’s story: Part I, Part II, Part III and settlement

Inflated Art Appraisals are Rampant: You Say That Art Is Worth How Much? 

Here is the Olson and Pettibone indictment:

And the indictments and plea agreements for the “peripheral figures” mentioned in the story.

Michael Malter

Robert Perez